, 1887-12-15

nition that would tit the gun. AT the
preliminary examination at 'Simn&'t'
y. l. al ,,.f,i,dunt where the gun was.
; icy answeird that the young man
Il 'I carried it uT Witness said,
"Why ,rl you let him take '''i lent
it. to you
Defendant answered: I could not
Crss examined-Siegcl said that n
man had had trouble with him in
K ,usas, had threatened and followed
him, aud hat he (siogrD did not in
tend To run amy further. Witness
said, "You have right TO defend
yourself" .u
u. ID. Kelly called. Deputy sheriff
Of Whitman county, served papers ON
defendant shortly after the murder
Talked with defendant about It,. De.
fendant smid that d. los had kil',d
Jason. He also stated that there
had been trouble between Jason and
himself in Kansas, and that jason had
shot at nin there. Added that Jason
had taken possession OF the Becman
cabin, driving out him and Delos.
Said that he had gone TO the cabin
with Delos one day and they had
taken positions at opposite corners IT
the cabin he had II knife and revolver
and II jason had came out they would
have fixed him also stated that II
Delos had not killed Jason he would
have done it,
Cross.examined- testified Mt
the preliminary examination that de
fend,u,t might have in,ant 81 wuuld
have been obliged to XIII II Drlos
had not" sicgel told him that Mrs.
Sipgcl was feeling very badly about
the crime, and on that day, when he
and Delos went to the cabin, Jason
came inside.
The court then adjourned for the
noon recess.
At the opening of the afternoon
ession l.. q. ketchum was called
| to the witness stand. Knew the de-
ceased, and s,iw his remains soon after
lie had been murdered went into the
stable and found AN Ovcrcoat and II
cartridge such as are used for needle
guns, lying close to the window.
Undern, ath the window the straw and
chaF al peared to have been scraped
way by IA foot body was lying about
thiriy.four steps from the window.
| Cross s.examined-Met Mary Bee
man aud The wife of J. f. Sanders
| coming from the scene Of the crime /;
witness covered the body about two
| hours after he first found it; should
| think that the window was about two
feet above the ground; found footsteps
approaching aud leaving the stable in
the rear; remained u! the house till
after the cOroner's inquest; saw u
shot gun in the house which looked
like one belonging to Sanders.
John Evans called-Saw Siegel on
the day of the murder; Siegel told him
that D,-lus had killed Jason, and de.
| tailed the ci. i.cumstances as follows {:
Delos went TO Jason's cabin, carrying
Al gun; Jason started togo to the cabin
after his gun, and Delos
ordered him to stop; Jason
did not obey 70 Dtlos shot HIM.
Il. B. S. Coleman called--Saw Siegel
on the day of the murder and heard
him telling about the crime; de-
fendapt said that at a previous time
| he had shot Jason, and would have
finished him then only he thought
that he had fixed him, but the bullet
took effect in the arm instead of the
stomach; witness heard Babb say to
the defendant "If it was my brother.
in.law lying there think that should
take care Of the body ii had any love
for him."
Defendant answered, 81 have no love
| for him." Defendant seemed very
much excited and nervous at the time.
Cross-examined - Did not hear
enough from Siegel to known when or
where the former shooting episode oc-
Cured.
A.. b. Babb callcd--Heard part OF
the conversation just testified to. De-
fendant said to him that he knew De-
los had gone to Jason's house the
morning OF the killing. and anticipat-
ing trouble. sent Mrs. Sicgel to
try and reconcile the brothers, but she
arrived too late.
Sheriff w. X. Wetzel called--De-
fendunt said to him in substance that
he did not regret the homeicide at all.
The prosecution then rested their
case, and as through misunderstood.
ing, the defense did not expect to be
required to open their case till morn.
ing, the judge allowed II recess of one
hour in which they could consult.
At the expiration of that time
counsel for the defense stated that
they wished to make II motion that the
court instruct the jury to find ii verdict
of not guilty, ON the ground tina. the
evidence brought forward by the pros
ecu,ion was insufficient to warrant II
conviction. The motion was argued
at length on both sides, and the judge
announced that he would reserve bis
decision till morning. Couit then ad-
journed.